What Is The Burden Of Proof For Damages In A Dog Bite Case?

In dog bite cases, liability is often not the primary issue confronting plaintiffs. Illinois law imposes strict liability on dog owners, meaning that as long as the plaintiff was lawfully on the premises and did not provoke the dog, the owner is responsible for the injuries caused by the attack (510 ILCS 5/16). Instead, the focus at trial frequently shifts to damages—proving the extent of the harm suffered by the plaintiff and ensuring that they receive appropriate compensation.

Damages in dog bite cases can be wide-ranging, including medical bills (both past and future), pain and suffering, emotional distress, and disfigurement combined with loss of a normal life. An experienced personal injury attorney knows how to present compelling evidence for each type of damages, tailoring the case to the unique circumstances of the dog bite. In this blog, we’ll explore the types of damages recoverable in dog bite cases, using different dog breeds to illustrate examples and highlighting key case law to guide the discussion.

Medical Bills (Past and Future)

What Needs to Be Proven:
To recover medical expenses, the plaintiff must show that their treatments were reasonable, necessary, and directly related to the dog bite. This includes all past medical costs and anticipated future expenses for ongoing care.

Example Scenario:
A delivery driver is bitten by a German Shepherd while dropping off a package. The dog’s bite severely damages the driver’s hand, requiring immediate surgery and months of physical therapy. Future surgeries are expected to restore full function.

Legal Basis:
In Baker v. Hutson, 333 Ill.App.3d 486 (5th Dist., 2002), the court confirmed that recovery for medical expenses is permissible as long as the charges are reasonable and necessary.

How Evidence is Presented:
The best Illinois personal injury attorneys present evidence by:

Introducing detailed medical records and invoices to document the procedures and costs.
Using expert testimony from treating physicians to explain the necessity of the treatments and future surgeries.
Employing a life care planner to estimate long-term medical expenses.

Pain and Suffering

What Needs to Be Proven:
Pain and suffering damages compensate victims for the physical discomfort and anguish caused by their injuries. This is inherently subjective, but it requires credible evidence of the plaintiff’s experience.

Example Scenario:
A jogger is attacked by a Rottweiler in a park, sustaining deep lacerations to their legs. The injuries result in ongoing chronic pain that significantly limits mobility and impacts the plaintiff’s daily life.

Legal Basis:
In Carter v. Azaran, 332 Ill.App.3d 948 (1st Dist., 2002), the court confirmed that damages for pain and suffering may be awarded when there is evidence of a physical injury.

How Evidence is Presented:
A knowledgeable personal injury attorney might:

Introduce testimony from the plaintiff describing the intensity and duration of their pain.
Present medical records that detail the severity of the injuries.
Use testimony from family or friends to highlight visible pain and limitations in daily activities.

Emotional Distress

What Needs to Be Proven:
Emotional distress damages compensate victims for the psychological impact of a dog bite, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Unlike third-party bystanders whose claims require proximity to the event (as in Rickey v. Chicago Transit Authority, 98 Ill. 2d 546 (1983)), plaintiffs who are directly bitten by the dog need only show that their emotional injuries stem from the physical attack.

Example Scenario:
A young child is mauled by a Pit Bull while playing at a friend’s house. Although the physical injuries heal, the child develops severe anxiety around dogs and struggles to feel safe even in familiar environments.

Legal Basis:
For direct victims of dog bites, emotional distress claims are well-grounded if tied to the traumatic event and resulting injuries. Courts often allow recovery for these claims without needing the zone-of-danger analysis applicable to bystanders.

How Evidence is Presented:
The best personal injury attorneys know to:

Introduce testimony from the plaintiff or the plaintiff’s parents (in the case of a child) describing behavioral changes and emotional struggles.
Present records from therapists or psychologists who treated the plaintiff for trauma-related conditions.
Use expert testimony from mental health professionals to connect the emotional harm to the attack.

Disfigurement and Loss of a Normal Life

What Needs to Be Proven:
Disfigurement damages address permanent physical changes to a victim’s appearance, such as scars or amputations, while loss of a normal life compensates victims for their inability to enjoy activities or aspects of life they previously valued. These two categories often overlap, as permanent disfigurement can significantly affect quality of life.

Example Scenario:
A postal worker is bitten on the face by a Boxer that escapes its yard. The attack leaves prominent scars that require reconstructive surgery but remain visibly noticeable. The victim, once an outgoing and social person, now avoids public events due to embarrassment and loss of confidence.

Legal Basis:
In Kresin v. Sears, Roebuck & Co., 316 Ill.App.3d 433 (1st Dist., 2000), the court allowed recovery for disfigurement, defined as a reduction in physical appearance or completeness. Additionally, Jones v. Chicago Osteopathic Hospital, 316 Ill.App.3d 1121 (1st Dist., 2000), recognized loss of normal life as the inability to pursue the pleasurable aspects of life.

How Evidence is Presented:
An experienced personal injury attorney would:

Introduce photographs of the injuries taken before and after treatment.
Present testimony from the plaintiff about how their life has changed due to the scars and associated embarrassment.
Use expert testimony from a plastic surgeon to explain the permanence of the disfigurement.

How an Experienced Illinois Dog Attack Attorney Builds a Case for Dog Bite Victims

Proving damages in a dog bite case requires careful preparation and presentation of evidence. An experienced personal injury attorney will:

Thoroughly Investigate the Incident: This includes gathering police reports, animal control records, and witness statements to establish liability and the extent of the attack.
Work with Medical and Psychological Experts: Experts play a crucial role in quantifying the physical and emotional impacts of the injuries and projecting future costs.
Prepare the Plaintiff for Testimony: A knowledgeable personal injury attorney ensures the plaintiff can clearly and credibly describe their pain, suffering, and life changes.
Use Visual and Demonstrative Evidence: Photographs, videos, and medical illustrations can help the jury understand the severity of the injuries and their long-term consequences.

“Dog bite injuries impact victims in ways that go far beyond physical scars. From emotional trauma to the loss of a normal life, these injuries require careful legal representation to ensure full and fair compensation. At John J. Malm & Associates, we fight tirelessly to build compelling cases that reflect the full scope of our clients’ injuries.” – John J. Malm, Naperville dog bite lawyer

Contact the Illinois Dog Bite Attorneys at John J. Malm & Associates

Dog bite injuries can disrupt every aspect of a victim’s life, from physical health to emotional well-being and quality of life. Recovering damages requires a skilled personal injury attorney who can effectively present evidence and demonstrate the full scope of the harm caused.

At John J. Malm & Associates, our top-rated dog attack lawyers have the expertise and dedication needed to secure maximum compensation for our clients. With offices in St. Charles and Naperville, we’re ready to help you achieve justice.